Katterjohn Concrete Products, Inc. v. Coffman

Frank Holt, Justice.

The appellants brought actions to foreclose materialmen’s liens and appellee Worthen sought to foreclose its mortgage liens. The actions were consolidated for trial. The issue is the priority of liens. The chancellor held that the mortgage liens were prior to the materialmen’s liens. The facts are stipulated. Appellee Coffman and his wife executed a note and mortgage on a lot to appellee Worthen Bank. The mortgage was filed for record. However, it was approximately two weeks later before Coffman acquired title from the owner of the property by warranty deed which was duly…